Kyle Alaura v. Carolyn Colvin
797 F.3d 503
7th Cir.2015Background
- Alaura, 22, suffered traumatic brain injury in Sept 2010 from a bar-stool assault, requiring craniotomy and brain reconstruction.
- Post-surgery, Alaura experienced headaches, dizziness, confusion, and seizures; neurological impairment was persistently evaluated.
- Between 2011 and 2012, Alaura's doctors diagnosed chronic daily headaches, occipital neuralgia, seizures, mood and cognitive disorders, and pain, with partial seizure activity.
- The ALJ found Alaura capable of light work with numerous restrictions and identified three potential jobs via a vocational expert.
- The ALJ failed to adequately assess the combined effects of all impairments and relied on stale medical opinions; questioned the vocational-statistics and DOT/ONET sources.
- Case remanded to SSA for fuller consideration of Alaura’s application for benefits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did ALJ properly assess the combined impairments? | Alaura’s multiple impairments interact to preclude work. | ALJ properly evaluated individual impairments and their impact. | Remand for reconsideration of combined impairments. |
| Did ALJ err by relying on outdated medical evidence without seeking expert review? | Kachmann and Banas opinions remained most probative; newer neurology input needed. | Administrative record sufficient; SSA consultants adequate. | Remand to obtain current expert evaluation. |
| Are vocational-quote statistics from DOT/ONET reliable for Alaura's case? | Statistics are unreliable; misquoted, outdated, and misapplied. | Vocational expert testimony based on DOT/ONET is appropriate. | Remand to re-evaluate vocational evidence and job numbers. |
| Did the ALJ properly assess Alaura's ability to perform identified jobs given his limitations? | Alaura cannot sustain light work due to persistent symptoms. | Credits limited daily activities as sufficient for work readiness. | Remand to reassess job compatibility with impairments. |
Key Cases Cited
- Browning v. Colvin, 766 F.3d 702 (7th Cir. 2014) (reliability of vocational statistics and national vs local job numbers questioned)
- Herrmann v. Social Security Administration, 772 F.3d 1110 (7th Cir. 2014) (scrutinizes sources of vocational evidence in SSA hearings)
- Brault v. Social Security Administration, 683 F.3d 443 (2d Cir. 2012) (concerns reliability of vocational evidence in disability decisions (per curiam))